Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1887-12-17
THEY HAD NO DEFENSE.
The Case Submitted to the Jury without
Argument.

CINCINNATI, O., Dec. 1O.-The sudden
close of the Harper trial, without argument,
was no surprise to any one who had watched
the progress of the testimony and had
knowledge of the law. No counsel
could have gone before that jury to defend a
man who had testified to acts that must be
declared by the court to be criminal and the
government counsel had no need to argue
when the defendant himself had proven the
governments case. It was therefore left to
his little child to make, by its innocent
presence the only plea that
could be made for the great
banker and that could only be
plea for mercy from the Judge.
While the judge was declaring the law to the
Jury Judge jackson doubtless felt that in
that duty there was no place for mercy.
Certainly he spoke with rigid clearness and
unf1lnching severity. His review of the tes-
tlmony showed a remarkably clear under
standing of the whole matter, and his sum-
ming up of Harper's misdeeds was stun
n ng blow to any hope of mercy that may
have crept into the defendants mind.
The magnitude of the amounts involved,
the frequency with which wrongful acts were
committed all were shown in their strongest
light by the Judge as he detailed from MEM
DRY the testimony. His legal mind saw so
clearly what the verdict ought to be that he
used the most unmistakable language. He
said: .'Ihe court instructs you that upon
the defendants own testimony Har-
described in the statute under
which he is indicted" The charge was in
writing, except that portion in which he re-
viewed the testimony. It was delivered
with great earnestness. The jury was moved
from its position on the side of the room to
the space directly in front of the court, thus
removing Mrs. Harper and her babe from
their view and allowing the court to speak
to them with no hindrance whatever. Har-
per and Blackburn sat in the corner of the
room on the right. Near them were several
officers ready for any emergency.
When the charge was ended Har-
per was for a time almost alone,
then Mrs. Harper brought her babe and sat
beside him. Miss Matthews and Mr.. Mat
thews came also and the family group sat
silent and fearful, but with no outbursts.
Soon Mr.. Harper was removed from the
court room. Later 1t was agreed to adj
!ourn the court until Monday when the
jury's verdict will be received if they are
ready. Judge jackson has been wisely
commended throughout the trial for
his fairness, his thorough grasp
ing of the whole case, his
ready rulings and for his lucid
charge 10 the jury. NO exceptions nave
been taken for the reason that there is no
appeal from this court, but really there has
been no disposition to question the rulings
made. Judge Sage, who sat with Judge
Jackson, has concurred in all the rulings
made SO that no opportunity exists for re-
hearing. The district attorney, Mr..
Burnett, has made an exhaustive exam
nation of the statutes and of
the precedents and has reached the conclus-
ion which it is understood is shared by the
court that there is no authority for a sem
tence on each of the thirty-three counts if
he should be found guilty on all. The sem
tence, therefore, cannot be for a longer
term than ten years, and this may be short
9ned by good conduct to seven years, five
months and ten days.